Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Leroy Dewitt Hunter v. Donny Youngblood

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 2, 2011

LEROY DEWITT HUNTER,
PLAINTIFF,
v.
DONNY YOUNGBLOOD, ET AL., DEFENDANTS.

ORDER DISMISSING EQUAL PROTECTION CLAIM FOR FAILURE TO STATE A CLAIM

(Docs. 31, 33, and 34)

Plaintiff Leroy Dewitt Hunter, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 3, 2007. On January 14, 2011, the Court screened Plaintiff's second amended complaint and found that Plaintiff stated a cognizable claim for relief against Defendant Parker for use of excessive force, in violation of the Due Process Clause, but it did not state a cognizable equal protection claim.*fn1 28 U.S.C. § 1915A. Plaintiff was ordered to either file a third amended complaint or notify the Court of his willingness to proceed only on his excessive force claim. On January 28, 2011, Plaintiff filed a notice of his willingness to proceed on the excessive force claim. Accordingly, it is HEREBY ORDERED that:

1. This action shall proceed on Plaintiff's second amended complaint, filed December 16, 2010, against Defendant Parker for use of excessive force; and

2. Plaintiff's equal protection claim is dismissed for failure to state a claim.

IT IS SO ORDERED.

0m8i78

CHIEF UNITED STATES DISTRICT JUDGE


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.